Treatment not covered by discrimination laws

On 23 March 2006, Patrick who is transsexual and identifies as a female, went to the Port Adelaide Police Station, where two warrants were found. As release on bail was not permitted on one of the warrants, Patrick was arrested and placed in police custody at the Port Adelaide Police Station. Patrick had not anticipated that she would be placed in custody.

Patrick said that while she was in police custody she was treated unfavourably by the police because of her sexuality, race, religious belief, and an impairment (mental health).

In a decision handed down on 21 January 2009, the Equal Opportunity Tribunal found that Patrick had not suffered discrimination by SAPOL, on the grounds of race, impairment and/or sexuality. They noted that SAPOL were not offering or providing a "service" to Patrick within the meaning of the Equal Opportunity Act, at the time of the alleged unfavourable treatment.